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How much can the court make me pay Monthly? judgement stage? -[National Debtline ??]
Galeeno
Posts: 295 Forumite
is the user National Debtline about to have a go at this ? - aswell as other users. Thanks
If many months has gone on, and no payment has been done for a credit card debt, (6+ months gone)
- and eventually it goes to court for a judgement- where they eventually do the process of the court coming up with a monthly payment that you will have to pay the creditor (through the courts) etc
Then how much can this typically be?
Can it be as low as £2 - £5 a month ? that the court order you to pay, a month ?
(as there are some cases we have heard that after court they have paid that amount of money)
Amount of debt = £5000 (credit card)
I know it depends on the amount of debt, how many total debts the person has, their situation etc etc
but can you just some examples of monthly amounts that the court can instruct that the customer has to pay, every month?
It would be great, to hear from some Past case study examples....
and secondly does this court procedure above do an income and expenditure procedure, on paper? or Not ? ?
If many months has gone on, and no payment has been done for a credit card debt, (6+ months gone)
- and eventually it goes to court for a judgement- where they eventually do the process of the court coming up with a monthly payment that you will have to pay the creditor (through the courts) etc
Then how much can this typically be?
Can it be as low as £2 - £5 a month ? that the court order you to pay, a month ?
(as there are some cases we have heard that after court they have paid that amount of money)
Amount of debt = £5000 (credit card)
I know it depends on the amount of debt, how many total debts the person has, their situation etc etc
but can you just some examples of monthly amounts that the court can instruct that the customer has to pay, every month?
It would be great, to hear from some Past case study examples....
and secondly does this court procedure above do an income and expenditure procedure, on paper? or Not ? ?
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Comments
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I doubt they will go as low as £2 a month (if my calculations are correct that would be 291 years to pay off)
£5 would make that still over 100 years.0 -
They could in effect request the amount in full....you would then have 14 days to dispute this and make a reasonable offer..which would be subject to full income/expenditure, which would of course require proof in paper form..... I don't think anyone can reasonably 'predict' what any court may request to be honest......On the road to financial freedom.... one MSE penny at a time....:T0
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The court will order you to pay what you can afford based on your circumstances. If that's £1 a month then so be it.What will your verse be?
R.I.P Robin Williams.0 -
You are assuming that it would end up in court, which it may not.
Is this your debt? When did you take the card out?:beer:0 -
Hello there,
The general process is that you return the 'admission' form back to the creditor along with your offer of payment. If the creditor rejects your offer the court should then consider your offer of payment using their own inhouse guidelines. I have come across plenty of court judgments which have been set at £1 per month. The courts do have wide discretion - and have been known to make unaffordable instalment orders. There is provision to request that an unaffordable instalment arrangement is looked at again by the courts - this is known as a 're-determination'.
We've a guide on replying to a court claim which you can find *here*.
Best wishes,
David @natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Can the fact that £2-£5 be paid a month for now,
-which has been offered by written Letter to the creditor, (as an monthly offer)
does that look good, in the eyes of the court?
compared to giving nothing a month?
do the courts favor offering something a month,
compared to giving nothing a month?0 -
Making an offer looks better, yes.
If you didn't, I presume the court may feel you didn't do anything to try and prevent it getting to court.
It also tells them what you think you can afford, rather than them just picking a figure.
I would imagine the creditor would need your income and expenditure form to prove your offer is all you can afford.:beer:0
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